Title IX: First Year Students Overview The information we are discussing today could - PowerPoint Presentation

Title IX: First Year StudentsOverview

The information we are discussing today could potentially trigger some of you. If this occurs, please feel free to step out of the training. We suggest you seek support from AC, RD or RA or the counseling center.8/23/2014 2

Sex Discrimination: Overview of the LawTitle IX of the Education Amendments of 1972 prohibits discrimination based on sex in education programs and activities that receive federal financial assistance.The U.S. Department of Education gives grants of financial assistance to schools and colleges. The Title IX regulation describes the conduct that violates Title IX. Examples of the types of discrimination that are covered under Title IX include sexual harassment; the failure to provide equal opportunity in athletics; discrimination in a school’s science, technology, engineering, and math (STEM) courses and programs; and discrimination based on pregnancy. The Title IX regulation is enforced by OCR and is in the code of federal regulations at 34 CFR Part 106 Title IX prohibits retaliation for filing an OCR complaint or for advocating for a right protected by Title IX. Title IX also prohibits employment discrimination, but employment discrimination complaints filed with OCR are generally referred to the Equal Employment Opportunity Commission . Federal Department of Education Website Title IX 8/23/2014

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When sexual or gender misconduct occurs the Title IX Coordinator or designee must promptly: Investigate Stop behavior Remediate Prevent retaliation P revent reoccurrence What Title IX Means for the University 8/23/2014 5

Investigate to the extent possibleOffer an Equitable Process to Complainant and RespondentOffer Support Services Offer Interim Measures Notify Complainant and Respondent of Outcomes What is Clarkson’s responsibility after receiving a complaint ? 8/21/2014 6

You can be of any gender and file a complaint.The perpetrator can be of any gender.It is the nature of and the impact of the incident that will determine if the actions a re either a Title IX or Sexual Misconduct violation. Status, Sexual Orientation, Gender Identity or Gender Expression do not exclude you from this policy Gender of Complainant(s) and Perpetrator(s) 8/23/2014 7

On or Off CampusIn Person or RemotelyIf Clarkson is Sponsoring or Supporting the Event or Program we want you to reportOur ability to act will depend on how much control we have over the event or program Location does not Matter 8/23/2014 8

8/23/20149 Sex Discrimination I ncludes all forms of sexual harassment, including verbal sexual harassment and sexual violence by employees, students, or third parties against employees, students, or third parties. Unequal pay based on gender D iscrimination on the basis of pregnancy U nequal distribution of athletic funds U nequal access to educational and extracurricular programs U nequal admissions and financial aid practices S ome forms of LGBT harassment Sexual Misconduct

Unwelcome conduct of a sexual nature that is sufficiently severe, persistent or pervasive that it unreasonable interferes with, denies, or limits someone’s ability to participate in or benefit from a program or activity. Examples: Requests for sexual favors Unwelcome advances Sexist comments Sexual assault May occur in a single episode or be persistent behavior Sexual harassment 8/23/2014 10

QUID PRO QUO: Benefits offered or withheld as a means of coercing sexual favors.HOSTILE ENVIRONMENT: Conduct that unreasonably interferes with the victim’s work/academic performance or repeatedly creates an intimidating, hostile or offensive environment.RETALIATORY: retaliation against an individual or individuals for bringing a complaint or participating in a complaint Three Types of Sexual Harassment 8/23/2014 11

Consent is clear, unambiguous, and voluntary agreement between the participants to engage in specific sexual activity.Clarkson uses a standard of Positive Consent defined in our Sexual Misconduct Policy.Consent is clear, unambiguous, and voluntary agreement between participants to engage in specific sexual activity. Consent is active, not passive, and is given by clear actions or words. Consent can only be given by a person who acts freely with knowledge of the nature of the act involved. Consent may not be inferred from silence, passivity, or lack of active resistance alone. A current or previous dating or sexual relationship is not sufficient to constitute consent, and consent to one form of sexual activity does not imply consent to other forms of sexual activity. Being intoxicated does not diminish one’s responsibility to obtain consent. In some situations, an individual may be deemed incapable of consenting to sexual activity because of circumstances or the behavior of another, or due to their age.  Examples of such situations include, but are not limited to, incompetence, impairment from alcohol and/or other drugs, fear, unconsciousness, intimidation, coercion, confinement, isolation, or mental or physical impairment. A person less than 17 years of age is incapable of consenting to any sexual activity. Positive Consent 8/23/2014 12

Key Areas of Concern under Sexual MisconductSexual Harassmentany unwelcome sexual or gender-based verbal or physical conduct that is: sufficiently severe, pervasive or persistent so that it unreasonably interferes with, limits or deprives someone of the ability to participate in or benefit from the university’s educational program and/or activities Non-consensual sexual contact (or attempts to commit the same) is any intentional sexual touching,however slight,with any object,by any person (s) upon any other person(s), that is without consent and/or by force N on-consensual sexual acts(or attempts to commit same ) any sexual intercourse, however slight, with any object, by any person upon any other person, that is without consent and/or by force S exual exploitation sexual exploitation occurs when a person takes nonconsensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of the other sexual misconduct offenses . 8/23/2014 13

Examples of Sexual MisconductSexual HarassmentA Club not allowing someone to participate in activities because of their gender identity, expression or perceived sexual orientation. A professor making repeated sexual comments not related to class subject matter or research Non-consensual sexual contact (or attempts to commit the same) A student groping a university employee while intoxicated. One guy slapping another guy in the genitals as a joke. N on-consensual sexual acts(or attempts to commit same) Having sex with someone too drunk to consent Performing oral sex on someone who is asleep Having sex with someone under the legal age of consent(NY 17) S exual exploitation Watching someone have sex without their consent Discussing in graphic detail sexual details that someone asked to keep private in order to humiliate that person Telling someone if they don’t have sex with your friend you will tell everyone they are gay 8/23/2014 14

Continuum of Behaviors : Consent and Sexual Misconduct Categories of Behavior Productive • Mutual • Healthy • Age-appropriate • Respectful • Safe Neutral • Not a threat to life or long-term health • Neutral or Harmless in effect or influence Ambivalent • Need to start assessing for intervention Negative • Non-Mutual • Disrespectful • Age inappropriate (socially and legally) Dangerous • Physical harm • Threat to life Categories of Consent or Lack of Consent Positive Consent Explicit consent Positive to Probable Consent Possible Consent Possible Sexual Misconduct Sexual Misconduct Sexual Misconduct General examples Does not cover everything All factors do not need to be present You are clear-headed You have clear verbal and non-verbal consent to all sexual activities. No pressure. No pressure on another to submit to sexual behavior. Any drinking or substance use is having little to no effect. Getting only non-verbal signs of consent and little to no verbal consent. Some passivity or nervousness coming from one of the individuals. Few clear signals of consent. Unclear if individuals are feeling pressured to participate, but still participating. Passivity from a partner. Someone is under the influence and not clear how much they have consumed. Not sure of someone’s age. Someone acting out of character. Not clear someone wants to be hit on or have someone hang out with them. No clear signals of consent. Clear that someone is under the influence and/or not exhibiting good judgment. Someone is under age. Coercion or threat used on an individual. Fooling around with someone who is asleep. Removing the clothing, touching, exposing self or doing a sexual act to someone or in front of someone[or electronically] in any of the above examples. Force or threat of force to make someone perform an act or stay with someone. Person incapacitated. Person has indicated a lack of consent or given no signals of consent. Person resists. Having sex with someone who is asleep and not consented to such an act. All examples listed under negative. How to remedy No need, enjoy yourself Ask questions “Seriously, I can?” “You ok with this?” ”You want this, right?” Stop and take a breath. Break contact with the person. Take a bathroom break. Establish the person can make decisions without pressure. How much did you drink (or take)?” We don’t have to do anything.” “Let’s chill for a bit.” Stop the behavior. Remove yourself safely.Ask others to help(RAs).Intervene.Support.See if there is a need for medical attention or counseling.Report Sexual Misconduct.Stop the behavior.Remove yourself safely.Ask others to help.Intervene.Support.Call Campus Safety or the police if necessary.Seek medical or mental health attention as necessary. Page 15

Any observed, experienced, or known sex discrimination, including sexual harassment and sexual violence. Does not matter if it involves a student, a staff member or a third party.Doesn’t matter if it occurred on-campus, off-campus, on spring break in Mexico, last week, or two years ago. You can report to any campus official, e.g. Dean of Students or an RA or directly to the Title IX Coordinator or a Deputy What to Report 8/21/2014 16

Non-Confidential ResourcesTitle IX Coordinator or DeputyDean of Students Resident Assistant, Area Coordinator Campus Safety Supervisor Confidential Resources Counselor Health Care Provider Anonymous reports can be made through our website Contact Information can be found in the Sexual Misconduct Policy and on our Non-discrimination Website Who to Report an incident to at Clarkson? 8/21/2014 17

Confidential ResourcesRenewal HouseCanton-Potsdam Hospital Non-Confidential Resources Potsdam Police Clarkson will help you contact these resources if you do not wish to do so on your own and will coordinate our investigation with the police when necessary. Contact Information can be found in the Sexual Misconduct Policy and on our Non-discrimination Website Who to Report an incident to Off-Campus? 8/23/2014 18

The Title IX Coordinator and their designees are professionals—information reported is never broadcast or otherwise made public. The college will protect your privacy to the extent possible under the law The college is required by law to investigate, but that investigation will be limited by the information provided by complainant and the complainants interest in pursuing a formal complaint process. Safety to the individual or the community may require the Coordinator or a designee to break confidentiality Confidentiality 8/21/2014 19

We will help you understand the resources available in our communityCampus Safety, medical services, counseling, filing a criminal complaint, using the campus judicial procedure, available interim remedies Both on and off campus resources available Informing Complainants 8/21/2014 20

Title IX is Civil not Criminal law. Clarkson will investigate cases as a matter of civil rights.The standard of proof in civil rights cases is the Preponderance of Evidence StandardThis standard is defined as: that if the investigation produces evidence indicating the violation “more likely than not occurred” then the violation is proved. Other ways to express this standard: 50.1% The “ tipped scale ” Investigations are based on a civil rights model of proof 8/23/2014 21

The college will investigate by reviewing relevant information and interviewing pertinent witnesses. Investigator may bring the complainant and accused together, but not through mediation if a sexual assault. All parties must mutually agree to resolve the matter. At any time, the complainant can elect to proceed to the formal procedure. Informal Resolution 8/21/2014 22

A panel is selected to investigate the complaint. This investigation may include hearing testimony from the complainant and accused, interviewing witnesses, and reviewing written statements submitted by the parties. Two possible outcomes:A determination that the complaint was not substantiated. A determination that the complaint was substantiated. If substantiated, forward to the appropriate disciplinary body. Formal Resolution 8/21/2014 23

IX-M SEXUAL MISCONDUCT POLICYIV. Complaint Process for Complaints of Sexual Assault or Sexual HarassmentAny University employee who would like to initiate a formal complaint under this Policy should notify his or her immediate supervisor, the Affirmative Action Officer, or the Director of Human Resources. In the event of a complaint against another employee of the University, the procedures set forth in Section 3.1.14 of the University Operations Manual will be followed. In the event of a complaint against a student, the procedures in the Clarkson Regulations Section VIII-F Discrimination Grievance Proceedings (for cases involving sexual discrimination or harassment) or Section VI Disciplinary Proceedings (for cases of sexual assault) will be followed. If the complaint is against someone other than a member of the University community, it will be handled by Human Resources with possible referral to the Potsdam Police Department.   Student Policy Statements 8/21/2014 24

Title IX CoordinatorJennifer L. Ball, Ph.DAsst Professor HU/SSSnell 168315-268-4208 Jball@clarkson.edu Box 5750   Deputy Coordinator, Athletics Sarah Raymond 102A Alumni Gym Head Women's Soccer Coach Box 5830 Phone: 315/268-3758 E-mail: sraymond@clarkson.edu Deputy Coordinator, Human Resources Amy McGaheran Associate Director of Human Resources 215 Cheel Campus Center Box 8734 Phone: 315/268-3788 E-mail: amcgaher@clarkson.edu Clarkson.edu/nondiscrimination Title IX Coordinator Contact Information 8/21/2014 25

US Dept of Ed32 Old Slip 26th FloorOCR.newyork@ed.gov 646-428-3800 OCR Direct Complaint 8/21/2014 26